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  5. 131 Cal.App.3d 149 (1982)
 

TRANSPORT INDEMNITY CO. v. SCHNACK

Docket No. 21038.

131 Cal.App.3d 149 (1982)

182 Cal. Rptr. 256

TRANSPORT INDEMNITY COMPANY, Plaintiff and Appellant, v. W.D. SCHNACK, Defendant and Respondent.

Court of Appeals of California, Third District.

April 26, 1982.

Attorney(s) appearing for the Case

COUNSEL

Reid & Axelrod, Peter Axelrod and Thomas Kristof for Plaintiff and Appellant.

Clark L.V. Deichler and E. Elizabeth Summers for Defendant and Respondent.

OPINION

BLEASE, J.

In this appeal we conclude that the fueling of an aircraft "arises out of" its "use or maintenance," as provided by a policy of aircraft insurance, and that liability for damages proximately caused thereby is within the policy coverage.

FACTS

The action stems from a fire which occurred while Schnack was fueling his aircraft on May 3, 1980, at a hangar owned by him. The fire totally destroyed Schnack...

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